State v. Roth

SHANGLER, Presiding Judge.

The defendant was convicted of murder in the second degree and sentenced to a term of eighteen years according to the verdict of the jury. On this appeal the defendant contends that the comment of the prosecutor in closing argument that the self-defense story asserted at the trial was not told to the police at the time of arrest violated his privilege against self-incrimination. We agree and reverse and remand.

The evidence shows that defendant and one Carlos Savage shared a room at a modest residential hotel. There had been some acrimony between them because a child…